Interesting new CA case, Duce v Worcestershire Acute Hospitals NHS Trust, on the application of Montgomery and Chester: http://www.bailii.org/ew/cases/EWCA/Civ/2018/1307.html …
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1. A clinician is not required to warn of a risk of which he cannot reasonably be taken to be aware.
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Replying to @mrdm_epic
John Clarke Retweeted Shaun Lintern
That may be true, but as long as it's still possible for clinicians to add risks to the consent form after the fact, it can become a mute point for some. Why risk the law finding in your favour when you can just add it to the consent form & avoid debate?https://twitter.com/shaunlintern/status/600735704101031936?s=21 …
John Clarke added,
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You're most welcome. I did speak with the lawyer for Montgomery immediately after their landmark ruling to make him aware of how the judgement can be (and probably is being) undermined by a crude parlour trick, the prevalence of which nobody seems keen to establish.
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